Theft of ring could be kept from record

September 18, 2012|BY SCOTT WALTMAN | swaltman@aberdeennews.com

A Britton man who had possession of a stolen diamond ring has been given a chance to keep the offense from his record.

Joseph W. Wilke, 22, pleaded guilty in Brown County Tuesday to possession of stolen property. He worked for a cleaning service when the ring was stolen from an Aberdeen residence in February, said Lori Ehlers, chief deputy state's attorney for Brown County.

Wilke was sentenced to 60 days in jail and two years probation. He must also pay $1,104 in fines and fees and complete chemical dependency treatment and a corrective thinking class. He may not have contact with the victims. He was granted a suspended imposition of sentence. That means the incident won't go on his record if he follows probation rules.

Ehlers said the ring had a value of $2,110. Wilke said he was told its value was $1,400. Ultimately, though, no restitution was ordered because the ring was returned.

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Grand theft by possession of stolen property is a felony punishable by as many as 10 years in prison and a $20,000 fine. In exchange for Wilke's guilty plea, a charge of grand theft was dismissed.

In other court news:

Sara C. Benson, 28, was sentenced to prison for failing to follow the terms of her probation. She was on probation after previously pleading guilty to possession of the synthetic drug 3, 4-methylene-dioxyamphetamine, which is often called ecstasy, and keeping a place for the use and sale of illegal drugs. According to court paperwork, she broke probation rules by using marijuana and failing to complete treatment.

Benson was sentenced to four and a half years in prison on each underlying charge. The prison terms will be served concurrently, and she must pay any outstanding fines and fees. She was given credit for 188 days served, and her suspended imposition of sentence, which would have kept the ecstasy and keeping a place for the use and sale of illegal drugs charges from her record, were revoked.

Both underlying charges are felonies and each is punishable by as much as 10 years in prison and a $20,000 fine.

Devin J. Coffman, 19, of Aberdeen admitted he violated the terms of his probation. He was on probation as the result of previously pleading guilty to an escape charge. He broke probation rules by selling about an eighth of an ounce of marijuana roughly two weeks after getting out of prison. He also admitted to using the synthetic drug known as spice.

Coffman was sentenced to five years in prison with two years suspended. He must pay any outstanding fines and fees. Judge Jon Flemmer recommended that while in prison, Coffman undergo chemical dependency treatment. He was given credit for 131 days served and is eligible for parole after serving 25 percent of his sentence.

The escape charge stemmed from his not returning to jail as scheduled. That charge is a felony punishable by as many as five years in prison and a $10,000 fine.

Michael M. St. John, 21, of Veblen pleaded guilty in Marshall County to aggravated assault. He was sentenced to 60 days in jail and five years probation. He was also fined $1,104 and must complete a drug treatment program. He was granted a suspended imposition of sentence.

The crime is a felony punishable by as much as 15 years in prison and a $30,000 fine. A second aggravated assault charge was dismissed in exchange for his guilty plea.

Jared D. Hagen Fischer, 19, of Sioux Falls pleaded guilty in Day County to possession of an illegal drug. He was sentenced to 60 days in jail and given credit for 15 days spent in treatment. He must spend two years on probation, continue with aftercare and pay $594 in fines and fees. He was also granted a suspended imposition of sentence. That means the incident won't go on his record if he follows probation rules.

The crime is a felony punishable by as much as 10 years in prison and a $20,000 fine. In exchange for his guilt pleas, lesser charges were dismissed.

Kelly J. Kasuske, 31, of Clark pleaded guilty in Day County to a fourth driving while under the influence charge in a 10-year span. A five-year prison term was suspended, but Kasuske must spend 60 days in jail and was given credit for 30 days spent in treatment. Kasuske must also spend two years on probation, pay $624 in fines and fees and continue with treatment.

The crime is a felony punishable by as much as five years in prison and a $10,000 fine.

Justin L. FlyingHorse, 32, of Rapid City pleaded guilty in Walworth County to failing to properly register as a sex offender. He was sentenced to 60 days in jail and ordered to pay $104 in fines and fees.

The crime is a felony punishable by as much as two years in prison and a $4,000 fine. FlyingHorse was previously convicted of sexual abuse involving a teenager.